DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket: 10540-10
21 April 2613
From: Chairman, Board for Correction of Naval Records
Te: Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
Ref: (a) TIitlé 10 Us8se. L552
Encl: (1) DD Form 149 w/attachments
(2) NPC ltr 5420 PERS 911 of 4 Feb 2011
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a) Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that the applicable naval
record be corrected to show that he is entitled to separation
pay.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
George reviewed Petitioner’s allegations of error and injustice
on 18 April 2011 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on
the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record
pertaining to Petitioner’s allegations of error and injustice,
finds as follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
Dis As a Commander in the US Navy Reserve who was
approaching 28 years of service, Petitioner was subject to the
attrition provisions of the US Code and was required to be
transferred to the retired list (awaiting pay) or discharged no
later than 30 July 2010, unless continued.
Docket: 10540-10
ec. On 30 July 2010, Petitioner was serving on active duty
pursuant to ADT orders spanning from 8 March 2010 to 30
September 2010. Because he had not sought continuation, he was
transferred to the retired reserve (awaiting pay) effective 1
August 2010. In spite of the transfer, he continued serving
past his attrition date until 15 September 2010.
d. On 15 September 2010, Petitioner was issued a DD Form
215 releasing him from active duty with an effective release
date of 31 July 2010.
c. tnaneuieteennneMbet ye ps PRET Shek Submit ieee eal 2 SS TUN A on
with this Board seeking a change to his scant to be credited
and compensated for the period of service between 1 August 2010
and 15 September 2010.
f. In correspondence attached as enclosure (2), the office
having cognizance over US Navy Reserve retirement issues has
commented to the effect that the request has merit and warrants
favorable action.
CONCLUSION
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds the existence of an injustice warranting the following
corrective action.
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate,
to show that:
a. Petitioner was authorized to continue his service as a
member of the Ready Reserve until 30 September 2010.
b. The DD 214 will be changed to show Petitioner was
released from active duty on 15 September 2010 (vice 31 July
2010) .
c. The effective date of Petitioner’s transfer to the
retired reserve (awaiting pay) will be 1 October 2010 (vice 1
August 2010). He will be credited with additional retirement
points earned for service after 1 August 2010.
e. That a copy of this Report of Proceedings be filed in
Petitioner’s naval record.
Docket: 10540-10
4, Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6 (c) it is certified that quorum was
present at the Board’s review and deliberations, and that the
foregoing is a true and complete record of the Board's
proceedings in the above entitled matter.
bibbieen. fl
ROBERT D. ZSALMAN WILLIAM J. HESS, III
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6 (e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
21 April 2011
WE aa tne Dicininceinis
Fee-W. DEAN PFEIFFER
Executive Director
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